Commonwealth Numbered Regulations

1990 No. 455 CORPORATIONS REGULATIONS - REG 1.02

1.02. (1) In these Regulations, unless the contrary intention appears:

"agent" means a person appointed under subsection 346 (1) of the Corporations
Law or under a previous corresponding law of the jurisdiction;

"form" means a form in Schedule 2;

"franchise" means an agreement or arrangement, whether express or implied,
oral or written, between 2 or more persons by which:
(a) a party to the agreement or arrangement (in this definition called "the
franchisor") authorises or permits another party (in this definition called

"the franchisee"), or a person associated with the franchisee, to exercise the
right to engage in the business of offering, selling or distributing goods or
services in Australia or in an external Territory, under a marketing plan or
system controlled by the franchisor or a person associated with the
franchisor; and

   (b)  the business carried on by the franchisee or the person associated
        with the franchisee, as the case may be, is capable of being
        identified by the public as being substantially associated with a mark
        identifying, commonly connected with or controlled by the franchisor
        or a person associated with the franchisor; and

   (c)  the franchisor exerts, or has authority to exert, a significant degree
        of control over the business; and

   (d)  it may reasonably be expected that, in carrying on the business, the
        franchisee or a person associated with the franchisee is, or will be,
        substantially dependent on goods or services supplied by
        the franchisor or a person associated with the franchisor;

"life office" means a body corporate registered under the Life Insurance Act
1945;

"registration number" means:

   (a)  in relation to a company - the number allotted to it under subsection
        120 (1), 129 (2), 137 (2) or 145 (2) of the Corporations Law; or

   (b)  in relation to a registered body - the number allotted to it under
        section 341 or 344 of the Corporations Law; or

   (c)  in relation to an auditor or a liquidator (including an official
        liquidator or a liquidator of a specified body corporate) - the number
        allotted to a person on registration of that person as an auditor or a
        liquidator;

"superannuation scheme" means a complying superannuation fund within the
meaning of section 267 of the Income Tax Assessment Act 1936;

"trustee" in relation to a superannuation scheme, includes a person
responsible for the administration and management of the scheme.
(2) In paragraph (b) of the definition of "franchise" in subregulation (1),

"mark" includes a symbol, design, colour, word, letter or numeral or any
combination of these.

(3) In these Regulations, a reference to a form by number is a reference to
the form so numbered in Schedule 2.